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PC R 95-1507RTSOLUTION NO. 95-1507 A RrSOLUTION OF 'I'I�IC PLANNING COMMISSION OF THL CI.TY Or ARROYO � GRANDE APPROVING CONDITIONAL US� PrRMIT (1'.U.D. PCRMI'1� CASE NO. 95-532 AND TIIL ASSOCIATED ARCIIIT�CTURAL R�VICW, TO CRrAT� A SIX-UNIT PLANNI:D UNIT DEV�LOPMCNT, APPLI�D TOR BY VICIC PACI: CONSTRUCTION CO. A'1' 260 ROBL�S ROAD; ADOPTION OT A N�GATIVE DrCLARATION WITH MITIGATION M�ASUR�S AND INSTRUCTION THAT THC SECRETARY TILE A NOTICE OT DL'T�RMINATION WIIER�AS, the Planning Commission of the City of Arroyo Grande has considered Conditional Use Permif Case No. 95-532 and the Associated Architectural Review, filed by Vick Pace Co., to create a six-unit planned unit development, in the Condominium/Townhouse District; ancl WI-IER�AS, the Planning Commission has held a public hearing on this application in accordance with the City Code; and WH�R�AS, the Planning Coinmission has found lhat this project is consistent with the General Plan and the Environmental documents associated ther.ewith; and WIICRrAS, the Planning Commission has reviewed the draft negative declaration under the provisions of the California Environ►nental Quality Act (CEQA); and WIICREAS, the Planning Commission Cnds, after due sludy, deliberation and public hearing, the following circumstances exist: Condit.ion�l Use Permit (P.U.D. Pei-�nit) Tindings: 1. The proposed development is consistent with the goals, objectives, and programs of the Arroyo Grande General Plan. 2. The site for the prvposed development has adequate access, meaning that the site design and deveJopment plan conditions consider lhe limitations of existing streets and highways. 3. The site for the proposed development is adequate in size and shape to accommodate said use and all yards, open spaces, setbacks, walls and fences, parking areas, landscaping, and other features required by the Development Code. 4. Adequate public services exist, or will be provided in accordance with the conditions of the development plan approval, to serve the proposed development; and that the approval of the pro�osed development will not result in a reiiuction of public services to properties in the vicinity so as to be a detriment to public health, safety, and welfare. 5. The proposed development, as conditioned, will not have a substantial adverse effect on sucrounding property, or the permitted use thereof, and will be compatible with the existing and planned land use character of the surrounding area. � Resolution No. 95-1507 Conditional Use Per►uit Case No. 95-532 (P.U.D.) Vick P�ce Construct.ioi� Co. May 16, 1995 Page 2 6. The improvements required, and the manner of development, adequately address all natural and man-made I�azards associated witl� tlie proposed development of the project site, including, but not limiled to, flood, seismic, fire and slope hazards. 7. The proposed development carries out lhe intent of the Planned Unit Development Provisions by providing a more efficient use of [he land and an excellence of design greater than tl�at whicli could be achieved througli the application of conventional development standards. 8. The proposed development complies with all applicable performance standards listed in Development Code Section 9-06.050 E. Architectural Revie�v rindings: 1. The proposal is consistent with the "General Architectural Review Guidelines" for the City of Arroyo Grande. 2. The proposal is consistent with the text and maps of the Arroyo Grande General Plan, and the City of Arroyo Grande Development Code. 3. The proposal will not be detrimental to tlie tiealtfi, safety, co►nfort and general welfare of the persons working,in the neighborhood of the proposed project. 4. The general appearance of the proposal is in keeping with the character of the neighborhood. 5. The proposal is not detrimental to ttie orderly and I�armonious development of tl�e City. 6. The proposal will not impair tl�e desirability of investrnent or occupation in the neigl�borliood. llep�rtrnent. of Tish aud Game Required P'indings 1. The City of Arroyo Grande has prepared an inilial study purs�iant to Section 15063 of the GuicJelines of the California Environmental Quality Act for Tentative Tract Map No. 2189 and Conditional Use Permit Case No. 95-532. 2. Based on the initial study, a negative declaration was prepared for review by the public an review and approval by the Planning Commission. 3. After holding a public hearing pursuant to State and City Codes, and considering the record as a whole, the Planning Commission adopted the negative declaration and found that there is no substantial evidence of any significant adverse effect, either individually or on the habitat upon which the wildlife depends as a result of development of this project. � Resolution No. 95-1507 � Condit.ion�l Use Permit Case No. 95-532 (P.U.D.) Vick P�ce Coustruct.ion Co. � M�y 16, 1995 P�ge 3 NOW, I'I�CR�FORE, B� I'1' R�SOLVCD that the Planning Commission of the City of Arroyo Grande hereby adopts a negative declaration with mitigation measures, instructs the Secretary to file a Notice of Deter�nination and approves said conditional use permit and architectural review, subject to those conditions and mitigations listed below: Gene�•�1 Conditions • 1. The applicant shall ascertain and comply with all State, County and City requirements as are a��plicable to this project. 2. Development shall occur in substantial conformance with the plans presented to the Planning Commission at tl�e rneeting of May 16, 1995 and ►narked "Exhibit B" except as speciCically modifed herein. 3. This application shall automatically expire on May 16, 1997 unless a building permit is issued. Thirty (30) days prior to the expiration of the approval, lhe applicant may apply for an exlension of one (1) year from the original date of expiration. 4. Tl�e applicant shall agree to defend at liis/her sole expense any action brougl�t against the City, its agents, officers, or employees because of the issuance of said approval, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs ancl attorney's fee's wl�icl� tl�e City, its agents, officers or employees may be required by a court to pay as a result of such action. T}ie City may, at its sole discretion, participate at its own expense in tl�e defense of any sucl� action but such participation sl�all not relieve applicant of his/her obligations under this condition. 5. Tt�e applicant shall comply with all conditions of approval of Tentative Tract Map No. 2189. 6. Prior to issuance of a Certificate of Occupancy, the developer shall provide mail receptacles for the units as required by the Postmaster of the Pismo Beach Post OfCce. 7. A negative declaration with mitigation measures has been adopted far this project. The following mitigations sl�all be implernented as conditions of approval and sliall be monitored by the appropriate City department or other responsible agency. The applic�nt sh�ll be responsible for verific�tion in writ.ing by the mo»itoring dep�rtment or �gency f.h�t. i.he inif.igation me�sures h�ve been imple�nent.ed. Mitig�t.ion Me�sures 8. All construction shall utilize fixtures and designs which minimize water usage. Such fixtures and designs shal( include, but are not limited to, low flow shower heads, waler saving toilets, instant wat.er heaters or hot water recirculating systems, drip irrigation with drought tolerant landscaping and so forth. Monitorii�g lleparti»ent: I3uilding Department Time Fra�aie: During building plan check Resolulion No. 95-1507 Coaditional Use Permit C�se No. 95-532 (P.U.D.) Vick Pace Const.ruction Co. - M�y 16, 1995 Page 4 9. Prior to final occupancy of any structure, all water conserving designs or fixtures shall be installed. Monitoring Depactment: Building Depart►nent Ti�ne Tr�me: Prior to final occupancy 10. All landscaping siiall be consistent with water conservation practices including tl�e use of drip irrigation, ►nulch, gravel, an� bark. To the greatest extent possible, lawn areas and areas requiring spray irrigation shall be minimized. Monit.oring Dep�rtment: Parks and Recreation Department Time Frame: During building plan check 11. The applicant shall comply with the provisions of Ordinance 431 C.S., the Community Tree Ordinance. Monitoring Depai Parks and ltecreation/Building Departmen[ Time Frame: Prior to and During Construction 12. The applicant shall comply wilh Ordinance 461 C.S. to mitigate project traffiC impacts. Monitoring Dep�rt.ment: Building Department Ti�ne Fr�me: Prior to Final Inspection and/or issuance of a Certificate of Occupancy for each residence. 13. Fire Department Impact Fees of $750.00 per lot shall be paid prior to grading or lot recordation, whichever comes first. A credit of 29 cents per square foot sl�all be allowed for the previous structure that was clemolisl�ed.) Monitoring Dep�rtrnent: Fire Department Ti�ne Fr�me: Prior to grading or recordation, whichever comes first 16. In the event that during grading, construction or development of the project, .any archaeological resources are uncovered, all work shall be halted until the city has reviewed the resources for lheir significance. If human burials are encountered, the County Coroner (781-4513) shall be contacted immediately. The applicant may be required to provide arcliaeological studies and/or mitigation measures. All grading and improvement plans st�all be noted to reflect this mitigation. Mo►�itoring Dep�rtment: Building Department/Public Works Department Time Frame: Prior to issuance of permits for the note, during construction for the balance of the condition. Architect.ural Advisory Co�nmittee Conditions 17. Provide a decorative strip of concrete to define the driveway and separate the public/private area. Minimum width should be three feet. 18. The entry patios should match the pattern at the edge of the driveway. Resolution No. 95-1507 Condit.ion�l Use I'e�•rnit C�se No. 95-532 (I'.U.U.) Vick P�ce Const.ructiou Co. M�y 1G, 1995 P�ge 5 19. Color coat tl�e existing block walls. 20. New block walls should be either split face block or should be plastered and color coated. 21. Add some type of detail at the top of the fence; preferably some type of fence cap. 22. Roof tile sl�all be variegatecl. 23. Windows shall be bronze anodized. 24. Garage doors s}iould matcl� the color of ll�e stucco. Wl�ite doors are not allowed. Windows may be provided in the garage doors if desired. 25. Use darker colored roof tiles on the units closest to the street. 26. Paint all roof vents lhe color of the roof. Planui►�g Dep�rtment Conditions 27. Development sliall conform with the MF zoning requirements unless otherwise approved. 28. Setbacks, lot coverage, and floor area ratios shall be as shown on the development plans, Exhibit B, except that buildings on lols 2 and 3 shall have a minimum separation of ten feet (10'). 29. All parking spaces adjacent to a wall, fence, or property line shall have a minimum widtl� of 11 feet. 'Tl�is does not aJ�ply to garage or car port spaces whicl� shall eacl� t�ave a minimuin dimension of 10 feet wide by 2U feet deep. 30. The developer shall comply with Development Code Chapter 9-15 "Improvements". All above ground utilities shall be undergrounded. 31. All planted areas along the main project driveway shall be separated from the driveway by `concrete curbs. Parking areas in front of garages do not need to be separated from landscaping by a concrete curb. Public Works Department: Conditions 32. An improvement plan shall be prepared by a regislered civil engineer to the satisfaction of the Director of Public Works prior to the issuance of any permit/approval. The plan shall include, but not be limited lo, plan and profile of all required or necessary grading, drainage, utility, and street improvements and shall incltide sucli cost estimates, investigations, calculations, fees, and surety as required by the Direclor. 33. Submit a detailed plan of the intersection of Robles Road and Chilton Street, showing the driveway to the project in relation to the inlersection, to the satisfaction of the Director of Public Works. Resoluliuu No. 95-1507 Couditional Use Perniit Case No. 95-532 (P.U.D.) Vicic Pace Construction Co. M�y 16, 1995 Page 6 34. 35 36. Submit plans for public icnprovements along Robles Road including necessary transitions, subject to review and approval of tl�e Director of Publtc Works. Paving section for conformance shall be a minimum of 3 inches Type B A.C. over 6 inches of Class II base. 37 38 P�rlcs and Recreat.ion Dep��► Conditions 39. Landscaping and irrigation to be designed by a licensed landscape architect utilizing low flow heads, drip irrigation, drought tolerant plants and mulches for water retention. 40. All slopes 2:1 or greater to be jute mesh or equal. Erosion control measures to be implemented on slope areas. All improvement water shall drain to the street. Use an under-sidewalk drain to convey water from the property to the street at the north end of the properly. Dedicate six feet along the total project frontage for the installation of curb, gutter and sidewalk. Also dedicate ten feet for street tree and public utility easements. Extend sewer main into the project and provide an easement. Separate water and sewer service sl�all be provided to eacl� unit. Water meters sl�all be located at the street. 41. The Developer shall meet with the Parks and Recreation Director to determine street trees on property. Street tree fees waived due to preservation of existing trees on the property. 42. The Developer shall include three, 15 gallon trees in the �andscaping plan to replace the Oak tree removed. 43 44 Pruning of existing Oak trees sl�all be done by a certified arborist. The developer sfiall pay current park development fee of $1363 per unit. 45. A certified arborist shall be retained to prune the large fig tree and make 'sure proper techniques and precautions are followed concerning tl�e Uranches and roots of tl�e tree during grading and construction (I.S.A. Standards and City Ordinance 431 C.S.) of sidewalk and parking lot entry. 46. All existing trees to remain on site sl�all be prolected by a 5' high fence at least eight feet from the trunks of all trees. (1'rees localed on banks away from grading will be evaluated. I3t�ilding �nd Fire Dep�rtme��t Conditions 47. All addresses shall be visible at lhe stree[ and on individual residences prior to issuance of a Certiricate of Occupancy. Itesolution No. 95-1507 Condit.ion�l Use Permit Case No. 95-532 (P.U.D.) Vicic Pace Co�istruci.ion Co. M�y 16, 1995 P�ge 7 � Lf:3 LL� The project shall comply with the most recent editions of the State Fire and Building Code. All roofs shall be Class "A". Police Dep�rtment Conditions 50. The fire lane shall be postecl pursuant to Vehicle Code Section 22500. � On motion of Commissioner Keen, seconded by Commissioner Beck, and by the following roll call vote, to wit: AYES: Commissioners Hatchett, Beck and Chairperson Keen NOTS: Commissioner Soto • ABSENT: Commissioners 1'appan and Carr ABSTAIN: Commissioner Deviny the foregoing Resolution was adopted this 16th day of May, 1995. ATTEST: � �r Nancy Brown, �ommission Clerk Jof een; CI ' erson